Leading American Cases And Notes Upon the Law of Wills : Embracing Testamentary Capacity, Undue Influence, the Admission of Oral Testimony in Aid of the Construction of Wills, the Execution of Wills, &c.

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In that case, p. 49, Lord Cranworth says : " One point, however, is beyond dispute, and that is, that where once it has been proved that a will has been executed with due solemnities by a person of competent under- standing, and apparently a free agent, the burden of proving that it was executed under undue influence is on the party who alleges it. Undue influence cannot be presumed." The rule which was adopted at the trial seems therefore to us to be correct in principle, and supported by auth...ority, as well as obviously the most convenient in practice ; and none of the ob- jections to the probate of the will can be supported.
II. Evidence Admissible to prove Fraud or Undue Influence.
The following opinion embraces many of the points more com- monly involved in the trial of causes affecting the validity of wills, where it is alleged, by the contestants, that the execution of the instrument was induced by fraud or undue influence ; and they are presented in a manner very favorable to the clear understand- ing of the questions involved.


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